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Qualification of Drivers; Exemption Applications; Idiopathic Hypersomnia

---
identifier: "/us/fr/2026-03331"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Qualification of Drivers; Exemption Applications; Idiopathic Hypersomnia"
title_number: 0
title_name: "Federal Register"
section_number: "2026-03331"
section_name: "Qualification of Drivers; Exemption Applications; Idiopathic Hypersomnia"
positive_law: false
currency: "2026-02-20"
last_updated: "2026-02-20"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Transportation Department"
document_number: "2026-03331"
document_type: "notice"
publication_date: "2026-02-20"
agencies:
  - "Transportation Department"
  - "Federal Motor Carrier Safety Administration"
fr_citation: "91 FR 8298"
fr_volume: 91
docket_ids:
  - "Docket No. FMCSA-2026-0364"
comments_close_date: "2026-03-23"
fr_action: "Notice of application for exemption; request for comments."
---

#  Qualification of Drivers; Exemption Applications; Idiopathic Hypersomnia

**AGENCY:**

Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT).

**ACTION:**

Notice of application for exemption; request for comments.

**SUMMARY:**

FMCSA announces receipt of an application from one individual for an exemption from the prohibition in the Federal Motor Carrier Safety Regulations (FMCSRs) against operation of a commercial motor vehicle (CMV) in interstate commerce by persons with either a clinical diagnosis of epilepsy or any other condition that is likely to cause a loss of consciousness or any loss of ability to control a CMV. If granted, the exemption would enable this individual who has been diagnosed with idiopathic hypersomnia and is receiving medical treatment to operate CMVs in interstate commerce.

**DATES:**

Comments must be received on or before March 23, 2026.

**ADDRESSES:**

You may submit comments identified by Docket No. FMCSA-2026-0364 using any of the following methods:

*Federal eRulemaking Portal:* Go to *www.regulations.gov,* insert the docket number (FMCSA-2026-0364) in the keyword box and click “Search.” Next, choose the only notice listed, and click on the “Comment” button. Follow the online instructions for submitting comments.

*Mail:* Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W58-213, Washington, DC 20590-0001.

*Hand Delivery:* Dockets Operations, U.S. Department of Transportation, 1200 New Jersey Avenue SE, W58-213, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

*Fax:* (202) 493-2251.

To avoid duplication, please use only one of these four methods. See the “Public Participation” portion of the *SUPPLEMENTARY INFORMATION* section for instructions on submitting comments.

**FOR FURTHER INFORMATION CONTACT:**

Ms. Christine A. Hydock, Chief, Medical Programs Division, FMCSA, DOT, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-4001; *[email protected].* Office hours are 8:30 a.m. to 5 p.m. ET Monday through  Friday, except Federal holidays. If you have questions regarding viewing or submitting material to the docket, contact Dockets Operations, (202) 366-9826.

**SUPPLEMENTARY INFORMATION:**

**I. Public Participation**

**A. Submitting Comments**

If you submit a comment, please include the docket number for this notice (FMCSA-2026-0364), indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online or by fax, mail, or hand delivery, but please use only one of these means. FMCSA recommends that you include your name and a mailing address, an email address, or a phone number in the body of your document so that FMCSA can contact you if there are questions regarding your submission.

To submit your comment online, go to *https://www.regulations.gov/docket/FMCSA-2026-0364.* Next, choose the only notice listed, click the “Comment” button, and type your comment into the text box on the following screen. Choose whether you are submitting your comment as an individual or on behalf of a third party and then submit.

If you submit your comments by mail or hand delivery, submit them in an unbound format, no larger than 8 1/2 by 11 inches, suitable for copying and electronic filing. FMCSA will consider all comments and material received during the comment period.

**B. Confidential Business Information (CBI)**

CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to the notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to the notice, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission that constitutes CBI as “PROPIN” to indicate it contains proprietary information. FMCSA will treat such marked submissions as confidential under the Freedom of Information Act, and they will not be placed in the public docket of the notice. Submissions containing CBI should be sent to Brian Dahlin, Chief, Regulatory Evaluation Division, Office of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or via email at *[email protected].* At this time, you need not send a duplicate hardcopy of your electronic CBI submissions to FMCSA headquarters. Any comments FMCSA receives not specifically designated as CBI will be placed in the public docket for this notice.

**C. Viewing Comments**

To view comments, go to *www.regulations.gov,* insert the docket number (FMCSA-2026-0364) in the keyword box and click “Search.” Next, choose the only notice listed, and click “Browse Comments.” If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in room W58-213 of the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET Monday through Friday, except Federal holidays. To be sure someone is there to help you, please call (202) 366-9317 or (202) 366-9826 before visiting Dockets Operations.

**D. Privacy Act**

In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments from the public on the exemption request. DOT posts these comments, including any personal information the commenter provides, to *www.regulations.gov,* as described in the system of records notice DOT/ALL-14 FDMS (Federal Docket Management System), which can be reviewed under the “Department Wide System of Records Notices” link at *https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices.* The comments are posted without edit and are searchable by the name of the submitter.

**II. Legal Basis**

FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant exemptions from the FMCSRs. FMCSA must publish a notice of each exemption request in the *Federal Register* (49 CFR 381.315(a)). The Agency must provide the public an opportunity to inspect the information relevant to the application, including the applicant's safety analysis. The Agency must provide an opportunity for public comment on the request.

The Agency reviews the application, safety analyses, and public comments submitted and determines whether granting the exemption would likely achieve a level of safety equivalent to, or greater than, the level that would be achieved absent such exemption, pursuant to the standard set forth 49 U.S.C. 31315(b)(1). The Agency must publish its decision in the *Federal Register* (49 CFR 381.315(b)). If granted, the notice will identify the regulatory provision from which the applicant will be exempt, the effective period, and all terms and conditions of the exemption (49 CFR 381.315(c)(1)). If the exemption is denied, the notice will explain the reason for the denial (49 CFR 381.315(c)(2)). The exemption may be renewed (49 CFR 381.300(b)). FMCSA grants medical exemptions from the FMCSRs for a 2-year period to align with the maximum duration of a driver's medical certification.

**III. Background**

The physical qualification standard for drivers regarding seizures and loss of consciousness provides that a person is physically qualified to drive a CMV if that person has “no established medical history or clinical diagnosis of epilepsy or any other condition which is likely to cause the loss of consciousness or any loss of ability to control a CMV” (49 CFR 391.41(b)(8)). To assist in applying this standard, FMCSA publishes guidance for medical examiners (ME) in the form of medical advisory criteria in Appendix A to 49 CFR part 391. [^1]

[^1] Appendix A to Part 391, Title 49, available at *https://www.ecfr.gov/current/title-49/part-391/appendix-Appendix* A to Part 391.

The criteria states that if an individual has had a sudden episode of a non-epileptic seizure or loss of consciousness of unknown cause that did not require anti-seizure medication, the decision whether that person's condition is likely to cause the loss of consciousness or loss of ability to control a CMV should be made on an individual basis by the ME in consultation with the treating physician. The criteria also state that a variety of functional disorders can cause drowsiness, dizziness, confusion, weakness, or paralysis that may lead to incoordination, inattention, loss of functional control, and susceptibility to accidents while driving.

In those individual cases where a driver had an epileptic medical event or an episode of loss of consciousness that resulted from a known medical condition ( *e.g.,* drug reaction, high temperature, acute infectious disease, dehydration, or acute metabolic disturbance), certification should be deferred until the driver has fully recovered from that condition, has no existing residual complications, and is not taking anti-seizure medication.

The individual listed in this notice has requested an exemption from 49  CFR 391.41(b)(8). Accordingly, the Agency will evaluate the qualifications of the applicant to determine whether granting the exemption will achieve the required level of safety mandated by statute.

**IV. Qualifications of Applicants**

**Michael Tralies**

Mr. Tralies holds a commercial driver's license in Pennsylvania. A letter dated August 4, 2025, from Mr. Tralies's pulmonology provider reports that he was diagnosed with idiopathic hypersomnia and that he has no issues with excessive daytime sleepiness or impaired alertness. Mr. Tralies's pulmonology provider also reports that he is compliant with medication treatment and is responding well with no side effects.

**V. Request for Comments**

In accordance with 49 U.S.C. 31136(e) and 31315(b)(6), FMCSA requests public comment from all interested persons on the exemption application described in this notice. We will consider all comments received before the close of business on the closing date indicated in the *DATES* section of the notice.

Larry W. Minor,

Associate Administrator for Policy.